Summary: We will not investigate this complaint about an alleged data breach by the Council. This is because the Information Commissioner’s Office is the correct body to investigate this matter. It is reasonable to expect Miss X to take her complaint to this body.

The complaint

1. Miss X complains the Council corresponded with her sister about her financial affairs. Miss X did not give the Council permission to do this.

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The Ombudsman’s role and powers

2. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Information Commissioner’s Office (ICO) is the authority on data protection issues and is the correct body to deal with Miss X’s complaint. We will not investigate. There are no good reasons why Miss X should not refer her complaint to the ICO.
6. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints.

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Final decision

7. We will not investigate because the ICO is the correct body to deal with Miss X’s complaint.

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Investigator's decision on behalf of the Ombudsman